Newtracs Terms of Service

(updated 29/07/2019)

Thanks for using our products and services (“Services”). The Services are provided by Newtracs Pty Ltd (“Us”, “We”, “Our”), located at 45 Vine St, Moonee Ponds, Victoria, 3039, Australia.

By using our Services, downloading the Newtracs app or creating a Newtracs member account, you the user (“You”, “Your”) are agreeing to these terms. Please read them carefully.

Additional terms may become applicable to the relevant Services, and those additional terms become part of your agreement with us if you use those Services. If we introduce additional terms that we consider to be material changes, we will use best endeavours to notify you of the additional terms. However, you should look at the terms regularly.  

Newtracs allows you to view and use a variety of content, including 4WD track conditions & difficulties, a campsite database, maps, points of interest and other related information (the "Content").

By accessing, downloading, or using Newtracs or the Content, you are agreeing to:

  1. these Newtracs Terms of Service (the "Universal Terms"), and

  2. the Newtracs Privacy Policy ("Privacy Policy")

​​

Please read each of these three documents carefully, starting with these Universal Terms. The Universal Terms clarify, for example, your intellectual property ownership rights in the content you upload, and your responsibilities when using Newtracs content or third-party content or when using Newtracs while driving.

 

Collectively, we refer to the Universal Terms and the Privacy Policy as the "Agreement". The Agreement is a binding contract between you and Newtracs Pty Ltd (“We”/ "Us”) regarding your use of Newtracs.​ Any additional terms or policies notified to you by Newtracs from time to time are incorporated into this Agreement by reference.

Using our Services

Our Services are for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or Services we provide. You may not use any Service, or any Content, to further any commercial purpose, including any advertising or advertising revenue generation activity.

 

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by Australian law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. You may not use Content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may display some Content that is not owned or generated by Newtracs Pty Ltd. We make no representations in respect of, or warrant that accuracy of, this Content and such Content is the sole responsibility of the entity that makes it available.  We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you or prevents you from obeying traffic or safety laws.​

Users (“Testers”) chosen to assist with testing of the Newtracs iOS app prior to official release will be bound by the Universal Terms.  By downloading and using the Newtracs iOS app for testing purposes Testers acknowledge that Newtracs reserve the right to award any compensation or reward in return for testing and providing feedback on application functionality.

 

Your Newtracs Account

You will need a Newtracs Account in order to use some of our Services. When you register and activate a Newtracs Account, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

To protect your Newtracs Account, keep your password confidential. You are responsible for the activity that happens on or through your Newtracs Account. Try not to reuse your Newtracs Account password on third-party applications. If you learn of any unauthorized use of your password or Newtracs Account, you must notify us immediately.

Fees

 

Some of our Services are free to use. Others require payment to access to the Service, or to unlock specific additional functionality. By accessing paid Services or unlocking additional functionality you agree to pay the relevant fees in the manner notified to you at the time of purchase. If such fees are not paid, or the transaction fails or is recalled for any reason, Newtracs may terminate your access to such Service or additional functionality.

 

You must pay any applicable charges and third party fees associated with any transaction (including mobile carrier fees, data plan charges, ISP charges, and credit card fees).

 

Where transactions are made within an iOS App you agree to payment being made via Apple’s standard payment functionality.

 

Privacy

Newtracs’ Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Newtracs can use such data in accordance with our Privacy Policy.

​Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content (Your Content). Other than where specified below, you retain ownership of Your Content. In short, what belongs to you stays yours.

By agreeing to these terms, and in consideration for downloading the Newtracs app and/or uploading, submitting, storing, sending or receiving Your Content to or through our Services, you give Newtracs (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from data aggregation and analysis, translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute Your Content for any purpose. This licence continues even if you stop using our Services. Some of our automated systems analyse Your Content to provide you personally relevant product features, such as customized search results, tailored advertising, and route recommendations.  This analysis occurs as Your Content is sent, received, and when it is stored.

If you have a Newtracs Account, we may display your Profile name, Profile photo, and actions you take on Newtracs or on third-party applications connected to your Newtracs Account (such as reviews you write and comments you post) in our Services, including displaying in ads and other commercial contexts. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. We will respect the choices you make to limit sharing or visibility settings in your Newtracs Account.

 

Newtracs may disclose Your Content if required to by law.

 

By agreeing to these terms, and in consideration for downloading the Newtracs app and/or signing up to Newtracs services, you agree to share your location data and vehicle details (including aftermarket modifications) as requested during sign-up and collected by the app or via web portal for applicable geographic areas, such as National and State Parks, National and State Forests, and Reserves. Location data that is collected by Newtracs when you use our services is owned by Newtracs and you agree that Newtracs may use such data for any purpose, including commercial purposes. When Newtracs uses such data it will use best endeavours to ensure that it has been de-identified and does not include any personal information.

 

Content you upload, submit, store, send, or receive through Newtracs is subject to these Universal Terms.  However, content that remains exclusively local to your device (such as a locally-stored GPX file) that is not uploaded or submitted to Newtracs is therefore not subject to that license.

 

You can find more information about how Newtracs uses and stores content in the privacy policy or additional terms for particular Services.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Newtracs gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Newtracs as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Newtracs, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. You acknowledge that Newtracs is the owner or licensee of all Content provided or displayed via the Services (Content)

Prohibited Conduct 

 

When using our Services, you must not (or allow those acting on your behalf to):

  1. redistribute or sell any part of the Services or the Content, or create a new product or service based on the Services or the Content;

  2. copy the Content (unless you are otherwise expressly permitted to do so in writing or by applicable intellectual property law);

  3. mass download or create bulk feeds of the Content (or let anyone else do so);

  4. use the Services to create or augment any other mapping-related dataset (including a mapping or navigation dataset, track conditions database, or campsite database);

  5. use any part of the Services with other people's products or services for or in connection with real-time navigation or autonomous vehicle control;

  6. reverse engineer or attempt to extract the source code from any Service or any related software, except to the extent that this restriction is expressly prohibited by applicable law;

  7. remove, obscure, or alter any Newtracs terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or

  8. do anything inappropriate, illegal, or in violation of others' rights (including their privacy, publicity, and intellectual property rights).

 

Newtracs encourages all users to comply with all applicable Commonwealth and State laws.

 

 

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. If we do so, we will notify you. We do not warrant the availability of any specific functionality at any time although where we discontinue a Service we will use reasonable efforts to provide you with reasonable notice.

You can stop using our Services at any time, although we’ll be sorry to see you go. Newtracs may also stop providing Services to you or add or create new limits to our Services at any time.

​​If we do so, we will notify you about the new limits to our Services.

 

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

 

Newtracs does not represent or warrant that your vehicle will be able to travel on a particular 4WD track even if your vehicle appears to be suitable for that 4WD track. Newtracs uses and relies upon user-supplied data to identify how particular vehicles are presently travelling on a particular 4WD track only. We do not make real-time independent assessments of 4WD track conditions, and are unable to take into account changed and changing conditions such as: driver experience, skill and behaviour; terrain characteristics such as elevation and river crossings; weather; and user input on 4WD track grades.

 

Newtracs analyses multiple sources of data to automatically assess 4wd track conditions and assigns them a difficulty grade based in part around definitions developed by the Australian National Four Wheel Drive Council Inc. (“4wd Australia”) and circulated by its affiliate state based organisations (including but not limited to Four Wheel Drive Victoria).  More information about these track grade definitions and associated vehicle capability and modification recommendations can be found at www.4wdvictoria.org.au.  NEWTRACS IS NOT AFFILIATED IN ANY WAY WITH 4WD AUSTRALIA OR ITS AFFILIATE STATE BASED ORGANISATIONS.

When you use Newtracs's map data, track conditions and difficulty, traffic, campsite database, and other Content, you may find that actual conditions differ from the map results and Content, so exercise your independent judgment and use Newtracs at your own risk. You are responsible at all times for your conduct and its consequences.

IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION

 

Liability for our Services

WHEN PERMITTED BY LAW, NEWTRACS PTY LTD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NEWTRACS PTY LTD, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO, AT OUR ELECTION, PROVIDING THE SERVICES TO YOU AGAIN, OR PAYING YOU THE COST OF HAVING THE SERVICES PROVIDED TO YOU AGAIN.

IN ALL CASES, NEWTRACS PTD LTD, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business and Government uses of our Services

Our Services are for personal, non-commercial use only unless otherwise agreed. If you are a business or government entity that wishes to use our services, or would like to use our Services in your capacity as a business or government entity employee please contact us at j.nuccio@newtracs.com.au.

Governing Law 

 

This Universal Agreement is governed by the laws of Victoria and the parties submit to the jurisdiction of the courts exercising jurisdiction in Victoria.

 

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. If we do so, we will use beast endeavours to notify you. However, you should look at the terms regularly.  Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

 

These terms control the relationship between Newtracs and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may take action in the future.

If it turns out that a particular term is not enforceable, this will not affect any other terms.

For information about how to contact Newtracs, please visit our contact page.

Copyright Newtracs Pty Ltd 2019